HARSH BUILDING COMPANY v. BIALAC

No. 1 CA-CIV 2752.

22 Ariz. App. 591 (1975)

529 P.2d 1185

HARSH BUILDING COMPANY, an Oregon Corporation, Harsh Investment Corporation, an Oregon Corporation; and Harold J. Schnitzer, Appellants, v. Sam BIALAC, Jerry Bialac, James T. Bialac, Lee Bialac, Alice Sue Altman and Robert Altman, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied February 18, 1975.

Review Denied April 1, 1975.


Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C., by Newman R. Porter and F. Pendleton Gaines, III, Phoenix, for appellants.

Lewis & Roca by John P. Frank, Gerald K. Smith and Richard N. Goldsmith, and Flynn, Kimerer, Thinnes & Galbraith by John J. Flynn, Phoenix, for appellees.


OPINION

STEVENS, Judge.

This appeal is to review the decision of the trial court not to accept two stipulations entered into between the parties while litigating their case in federal court. Harsh Building Company and the other appellants (Harsh Building) were the defendants in an action commenced in the State court on 31 January 1967. On 3 February 1967, the case was removed to the United States District Court for the District of Arizona on the basis of diversity...

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